Meera Devi And Others vs Manisha Nanda And Others

Ajay Mohan Goel, J

By way of this contempt petition, the petitioners have alleged willful disobedience of the directions passed by learned erstwhile Himachal Pradesh Administrative Tribunal in O.A. No. 149 of 2015, titled as Meera Devi and others vs. State of H.P. and others, dated 06.10.2015, which original application stood disposed of by the learned Tribunal in the following terms:-

"4. The original application is, therefore, allowed and respondents are directed to consider the case of the applicants for regularization/conferment of work charge status on completion of eight years service with all consequential benefits."

Record demonstrates that the order so passed by learned Tribunal was assailed by the respondent-State before this Court by way of CWP No. 2095 of 2016, which petition stood decided by this Court on 30.08.2016, in the following terms:-

"3. The writ petitioners-respondents before the Tribunal were directed to consider the case of writ respondent No. 1 in terms of para 4 of the impugned judgment, supra. It was for the writ petitioners to examine, consider the case of writ respondent No. 1 and make a decision."

Thereafter, vide Annexure R-2/2 appended with the reply of the respondents, order was passed by the competent authority on 22.10.2016 in terms of the directions passed by learned Tribunal, which order though is not in favour of the petitioners.

In said circumstances, as order passed by learned Tribunal of considering the case of the petitioners stands complied with by the competent authority, there is no case of contempt made out. In case, the petitioners were aggrieved by said order, i.e.order dated 22.10.2016 passed by the competent authority (Annexure R-2/2), then the remedy available to the petitioners was to have had assailed it before the appropriate forum/Court of law.

At this Stage, learned Counsel for the petitioners prays that liberty be granted to the petitioners to assail said order before the appropriate forum.

Accordingly, this petition is dismissed, however, with liberty to the petitioners to assail order dated 22.10.2016, passed by the competent authority (Annexure R-2/2), if so advised, in accordance with law. Notice discharged.